KESHAVA PRASAD SINGH Vs. BRAHMDEV RAI

JUDGEMENT

(1.) This appeal arises out of a suit brought by the Maharaja Bahadur of Dumraon who is the sixteen annas landlord of Dumraon. In Mahala Bhikhabandh of that town there were two plots of land in khata No. 71 bearing khesra No. 158, area 5.50 acres and khesra No. 159, area 1.67 acres. Khata No. 71 is the gairmazrua malik khata in the name of the proprietor Raj Dumraon. The lands are described as mango orchards and in the remarks column are given particulars of the trees and there is a note that khesra No. 159 is in possession of Jugeshwar Kamkar and that khesra No. 158 is in possession of Mt. Sheobarti.

(2.) The first defendant Barhamdev Rai acquired plot No. 158 by a sale-deed dated 19 January 1916 executed by the heirs of Mt. Sheobarti and acquired plot 159 by sale-deed dated 14 December 1916 from Jugeshwar Ram. The plaintiff sought to recover possession of these two plots alleging that Mt. Sheobarti's plot was granted to her as a khitmati jagir, that is to say, in lieu and consideration of her private and personal service, she being a maidservant of the present Maharaja and his predecessor; that the services for which the land was granted have ceased to be performed and that the plaintiff is entitled to resume possession.

(3.) Similarly it is said that plot 159 was granted to Jugeshwar Ram in consideration of private and personal service as khitmatgar and resumption of this plot also is sought on similar grounds. In the alternative there is a prayer for assessment of fair and equitable rent. The defence was that the plots are held in permanent, hereditary and transferable rent free tenure. The Subordinate Judge held that the lands were held in rent free tenure and dismissed the suit. The principal defendants contesting the suit on the merits were Nos. 1-3. Plaintiff had impleaded defendants 1-11 as being members of the family of the purchasers, but defendants 4-11 pleaded that they have no concern with the lands in suit, being separate from defendants 1-3.